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HomeMy WebLinkAboutmetropolitan milwaukee fair housing councilAGREEMENT THIS AGREEMENT is between the City of Oshkosh, a Wisconsin municipal corporation, herein referred to as "CITY ", and the Metropolitan Milwaukee Fair Housing Council, 600 E. Mason Street, Suite 200, Milwaukee, WI 53202 and the Fair Housing Center of Northeast Wisconsin (local satellite office of the Metropolitan Milwaukee Fair Housing Council), 4650 W Spencer Street -Suite 2, Appleton, Wisconsin 54914, a Wisconsin non - profit corporation, herein referred to as "SUBRECIPIENT ". I. GENERAL DESCRIPTION A. The City has received funding from the U.S. Department of Housing and Urban Development (HUD) under the Title I Community Development Block Grant (CDBG) Program, to undertake projects and activities as indicated in the City's Final Statement of Community Development Objectives and Projected Use of Funds. The activity set forth in this Agreement's Scope of Services is one of the said activities and it is the responsibility of the Subrecipient to carry out the activities in compliance with this Agreement and other applicable regulations referred to herein. B. Funding under this Agreement shall be paid with 2008 -2009 Community Development Block Grant (CDBG) funds. Should the City not receive said funds, this Agreement shall be null and void. If a portion of the CDBG funds are rescinded by Congress, the contract amount in Article V (A) of this Agreement will be reduced by the same percentage that is rescinded from the City's 2008 -2009 CDBG Program by Congress or the Department of Housing and Urban Development (HUD), or as determined by the CITY in accordance with applicable HUD regulations. II. SCOPE OF SERVICES A. The SUBRECIPIENT shall: (1) Make its complaint intake and investigative services available to persons who believe that they have experienced illegal discrimination. Staff will advise such persons on the provision of fair housing law and available sources of remedy. As appropriate, staff will make referrals to attorney and /or administrative agencies. (2) Provide referral services for clients who have non -fair housing inquiries. (3) Make available, on a case -by -case basis, reasonable technical assistance (as determined by Subrecipient) to the City and its residents, including housing providers and social service agencies that conduct business in the city. (4) Regularly distribute fair housing educational materials to approximately eight public agencies, social service agencies, homeless shelters, and community -based organizations that serve the city. (5) Work with the City to conduct two collaborative presentations and one training providing information on fair housing laws to be finalized at a later date. (6) Have staff in the local office (Fair Housing Center of Northeast Wisconsin) participate: in approximately 12 local interagency meetings. (7) Place listings in the yellow and white pages of the Oshkosh telephone book for the FHCNW telephone number and the MMFHC toll -free complaint intake telephone number. III. REPORTING REQUIREMENTS /RECORDS A. The Subrecipient shall provide quarterly reports to the City by the end of the month following the last day of the quarter with reports due by August 31, 2008, November 30, 2008, February 28, 2009, and May 31, 2009. The final report shall cover both the last quarter as well as include a yearly summary of activities. The reports shall include at a minimum the following information: (1) Amount of CDBG funds expended per budget and additional funds leveraged for program. (2) Type and amount of services provided per items listed in the above scope of services. (3) Number of clients and percent of clients from the City. (4) Number of persons in client families and family income. (5) Race and number of Hispanic persons served from the City. (5) Progress towards program goals (Outcome statement). Records necessary to substantiate these reports shall be kept on file at the Subrecipient's office, at 4650 W Spencer Street -Suite 2, Appleton, Wisconsin 54914, and shall include verification of family size and annual income of clients receiving the service. B. Maintain a separate financial account for CDBG funds which shows all receipts, including program income, and disbursements. All disbursements shall have documentation which substantiates that costs incurred and paid from the CDBG account are reasonable, allowable, and allocable per applicable Federal cost principals. Program income, as defined at 24 CFR 570.500 (a), shall be reported to the City quarterly. The Subrecipient may use program income for activities specified in this agreement, but shall reduce subsequent requests for funds under this agreement by the amount of the program income received. Any unused program income shall be returned to the City at the end of the agreement period. C. Provide the City with a copy of an agency audit, conducted in accordance with OMB Circular A- 133, as applicable, for any fiscal year CDBG funds were received under this Agreement. D. All records required under this Agreement shall be retained for three (3) years after completion of the project, or after all pending matters relative to this Agreement are closed. E. The Subrecipient agrees to provide access to the City, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. IV. STANDARD PROVISIONS A. The Subrecipient agrees in all hiring or employment made possible by or resulting from this Agreement, there (1) will not be any discrimination against any employee or applicant for employment because of race, color, sex orientation, religion, sex or national origin; and (2) affirmative action will be taken to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex orientation, sex or national origin. This requirement shall apply to but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay -off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. There shall be posted in conspicuous places available to employees and applicants for employment, notices required or to be provided by Federal or State agencies involved setting forth the provisions of the clause. All solicitations or advertisements for employees shall state that all qualified applicants 2 will receive consideration for employment without regard to race, color, religion, sex orientation, sex or national origin. B. The Subrecipient will make a good faith effort to use minority and women -owned businesses in procurement of supplies, and upon request of the City, must provide satisfactory evidence of such effort. Additionally, the Subrecipient agrees to provide the City with the name(s) and contract amount(s) of all minority and women -owned businesses awarded contracts on the project. C. If the proceeds used under this Agreement result in book or other copyrightable materials, the author is free to copyright the work, but the appropriate Federal agency involved reserves a royalty -free nonexclusive and irrevocable license to reproduce, publish or otherwise use, and 1;0 authorize others to use all copyrighted material and all materials which can be copyrighted. D. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to the appropriate Federal agency involved for determination by it as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. E. The Subrecipient agrees to comply with all applicable standards, orders, or requirements issued under: Clean Air Act, 42 U.S.C., 7401 et seq. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 14 and Section 308, and all regulations and guidelines issued thereunder. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50 as amended. F. The Subrecipient agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan. G. No officer, employee or agent of the City who exercises any functions or responsibilities in the review or approval, or the carrying out of responsibilities to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. H. Incorporated by reference herein are OMB Circulars A -21, A -122 or A -133 as applicable, and A- 110, Attachments A, B, C, G, I, J, M, O. V. PAYMENT FOR SERVICES A. Contract Amount The Subrecipient shall perform all work under this Agreement for an amount to be determined per (1) (B) of this Agreement, but not to exceed NINE THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS ($9,625). B. Method of Payment Funds will be released quarterly upon receipt of proper invoice and documentation of completion of contract activities. VI. SUSPENSION AND TERMINATION A. When the Subrecipient has failed to comply with the terms, conditions or standards of this Agreement or applicable U.S. Department of HUD regulations, the City may, on reasonable notice 3 to the Subrecipient, suspend the Agreement and withhold further payments or prohibit the Subrecipient from incurring additional obligations of funds, pending corrective action by Subrecipient, or a decision to terminate in accordance with paragraph B below. B. This Agreement may be terminated for cause or convenience. (1) TERMINATION FOR CAUSE: The City may terminate this Agreement in whole or in part at any time before the date of completion, whenever it is determined that the Subrecipient has failed to comply with the conditions of this Agreement. The City shall promptly notify the Subrecipient in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the Subrecipient or recoveries by the City in the event this Agreement is terminated for cause, shall be in accordance with the legal rights and liabilities of the parties. In the event there is probable cause to believe the Subrecipient is in noncompliance with any applicable rules or regulations, the City may withhold up to fifteen (15) percent of funds subject to this agreement until such time the Subrecipient is found to be in compliance by the City, or otherwise adjudicated to be in compliance. (2) TERMINATION FOR CONVENIENCE: This Agreement may be terminated in whole or in part when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditures of funds. The two parties shall agree upon the effective date and in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The City shall allow full credit to the Subrecipient for any noncancellable obligations properly incurred by the Subrecipient prior to termination. (3) The parties shall promptly settle the terminated grant and execute a written amendment upon settlement, which sets forth the terms and conditions of the settlement Agreement. VII, REVERSION OF ASSETS The Subrecipient agrees to transfer back to the City any CDBG funds and accounts receivable attributable to the use of CDBG funds on hand at time of expiration of this Agreement. The Subrecipient further agrees that any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: A. Used to meet one of the national objectives in CFR 5 70.20 8 until five years after expiration of this Agreement, or such longer period of time as determined appropriate by the City; or B. Is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non - CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with A. above. VIII. AMENDMENTS This Agreement may be amended at any time by a written modification mutually agreeable to both parties hereto. 0 IX. INDEMNIFICATION The Subrecipient agrees to and does hereby hold the City harmless and does hereby indemnify the City against any claims or demands of any person or legal entity arising by reason of this Agreement. This Agreement is made this day of , 2008, and is specifically binding upon the parties hereto. METROPOLITAN MILWAUKEE FAIR CITY OF OSHKOSH HOUSING COUNCIL MAXK ROHL FF CIT MANAGER n S 6 f -�� Q� ; -- P �,,, PAMELA R. UBRIG CITY CLERK APPROVED AS TO FUNDING AVAILABILITY: PEGGY STPEENO FINANCE DIRECTOR AS TO Fair Housing 2008 Agreement CITY ATTORNEY 5 Please limit answers to space provided unless specified (applications must be completed in full to be considered) 1. Organization Name: Metropolitan Milwaukee Fair Housing Council (MMFHC) 2. Address: 600 E. Mason Street, Suite 200 Milwaukee WI 53202 3. Mailing Address: Fair Housing Center of Northeast Wisconsin ( FHCNW) 4650 W Spencer Street, Suite 2, Appleton WI 54914 4. Telephone Number: 414-278-1240 (MMFHC) 5. Name of Contact Person: Kristi Cutts, FHCNW Program Services Manager 6. Telephone Number of Contact Person 920 -560 -4620 7. Legal Status of Organization: Z Private, Non - profit ❑ Private, For - Profit ❑ Public Agency ❑ Other 8. Federal Tax Identification Number: 39- 1286685 9. Provide a brief description of your organization's overall mission purpose: FHCNW is a satellite office of MMFHC The purpose of MMFHC is to promote fair housing by guaranteeing all people equal access to housing opportunities and by creating and maintaining racially acially and economically integrated housing_patterns MMFHC supports the fulfillment of this mission throughout the State of Wisconsin through satellite offices and local communily Dartnerships 10. What is your organization's total 2007 operating budget? $1,675,071 (MMFHC); $127,320 ( FHCNW office) 11. Has your organization received CDBG funding in the past ?® Yes ❑ No 12. If yes, how much has your organization received and for how many years has it participated in the CDBG Program? $15,000 (2002), $10,000 (2003) $10 000 (2004) $8 384 (2005) $10.3 84.00 (2006) $10,000 (2007) Number of Years: 6 13. If your organization is receiving 2007 CDBG funding, what is the amount, and what percent are the CDBG funds of your total budget? $10,000: 0.60% of MMFHC's budget, 7.9% of FHCNW's budget 14. CDBG funds requested for 2007: $17,475.00 Would you accept a smaller grant award than requested? ®Yes ❑ No 15. Please fill out the following budget sheet (for entire agency): Revenue 2006 Actual 2007 Budget Other 2008 Proposed 2008 2006 2006 CDBG Funds 278,477 264,255 Proposed 313,705 County Aid CDBG Proposed 2007 CDBG Proposed Federal /State Funds or Expenses Total Funded Total Grants 767,033 758,700 Salaries 489,950 416,042 908,926 398,166 953,218 417,569 Fees for Services 134,296 147,000 147,000 Employee Benefits 170,879 80,218 Fund raisin /Dues 11,728 9,000 102,145 9,000 Foundations 465,788 496,116 49,290 512,530 United Wa 113,766 50,381 Program /Office Investments Endowments 433,948 55,124 451,297 57,328 162,710 20,669 Donations /Other 13,158 - - 22,159 9,189 21,743 9,016 21,743 ,� myµ 16. Please Provide a Budget for the Project which you are requesting CDBG funds: Item Total Amount CDBG Amount Other Personnel Costs 2008 2006 2006 2007 47,200 2008 Proposed 2,645 Actual CDBG Proposed 2007 CDBG Proposed CDBG Expenses Total Funded Total Funded Total Funded Salaries 949,733 416,042 908,926 398,166 953,218 417,569 Employee Benefits 170,879 80,218 176,952 83,069 217,587 102,145 Occup 111,302 49,290 112,992 50,038 113,766 50,381 Program /Office Materials/Supplies 433,948 55,124 451,297 57,328 162,710 20,669 Communication 22,159 9,189 21,743 9,016 21,743 9,016 Professional Develo /Conferences 6,859 3,053 3,162 1,407 3,162 1,407 � r � 16. Please Provide a Budget for the Project which you are requesting CDBG funds: Item Total Amount CDBG Amount Other Personnel Costs Salaries 1 58,700 11,500 47,200 Fringe Benefits 1 23,834 2,645 21,189 Total Personnel Costs & Services 11,400 1 1,265 1 10,135 Materials /Supplies 128,298 11,271 127,027 Oshkosh Telephone Book Listing 384 384 - Communications 4,204 350 3,854 Professional Develogment/Conferences 500 60 440 Total Supplies & Services Totals 17. Use of CDBG Funds: Provide a specific description, including staffing, of the activity or activities that will be funded with CDBG funds: MMFHC proposes to provide the following comprehensive fair housing enforcement, outreach and education and technical assistance services to City of Oshkosh residents: A) MMFHC will make its complaint intake and investigative services available to persons who believe that they have experienced illegal discrimination. MMFHC staff will advise such persons on the provisions of fair housing law and available sources of remedy. As appropriate, MMFHC staff will conduct investigations, possibly including testing as an investigative methodology, and make referrals to attorneys and/or administrative agencies. B) MMFHC will provide information and referral services for clients who have non -fair housing inquiries. C) MMFHC will make available, on a case -by -case basis, reasonable technical assistance to the City of Oshkosh and its residents, including �housing _providers and social service agencies that conduct business in the City of Oshkosh. D) MMFHC will regularly distribute fair housing education materials to approximately fifteen public agencies, social service agencies, homeless shelters and community -based organizations that serve the City of Oshkosh. E) MMFHC will work with the City of Oshkosh, Neenah and Appleton CDBG programs to conduct two collaborative presentations and one training providing information on fair housing laws. MMFHC staff and staff of the Oshkosh Neenah and Appleton CDBG programs will work cooperatively to publicize these events to appropriate audiences F) MMFHC's staff in the FHCNW office will participate in approximately 12 local interagency meetings. G) MMFHC will place listings in the elY low pages of the Oshkosh telephone book for the FHCNW telephone number and the MMFHC toll -free complaint intake telephone number. 18. Local Needs: State specific local needs or problems which your proposal intends to address: The 2000 census reveals that Oshkosh a historically homogenous community, remains segregated. Oshkosh continues to face barriers to integration including housing discrimination Segregation experienced by persons of color, contrasted with the relative mobility experienced by whites, suggests that minorities' housing choices are limited by housing discrimination. Complaint and testing data gathered from the Fox Valley area bear this suggestion out In 1999 and 2000— for instance 41 % of fair housing complaints taken by the North East Wisconsin Fair Housing Council, which served the Fox Valley area during that time period were filed by minorities. Discrimination continues today in both subtle and overt ways In a notable recent case, an Oshkosh landlord asked a white mother of biracial children "how black" her children were, and if they were "a little black" or "black black." The landlord also told our client about a previous prospective tenant to whom she had decided not to rent The landlord commented on the race and skin color of the other prospective tenant's children describing them as "black black," and said she had asked herself what the neighbors would think if she were to rent to this woman. Our client felt intimidated by the housing_ provider's comments and sought MMFHC's help. She filed a complaint with HUD which settled for $2,500. Further, a recent study entitled 'Fox Cities 2001: L.I.F.E., Local Indicators for Excellence' found that " [hlelping the community understand and address its rapidly growing diversity and issues of inclusion is one of the major community needs identified by this assessment."- Similarly, the City of Oshkosh CDBG Program's 2000 -2004 Consolidated Plan lists the provision of fair housing information to both rental property owners and tenants as one of the City's goals All of the factors noted above demonstrate Oshkosh residents' need for fair housing educational services fair housing enforcement services, and technical assistance. 19. List the number of program participants (for activities that serve clientele or provide jobs): 511106 - 4/30/07 (projected) 185 (actual 194 5 /1/07 - 4/30/08 (projected) 185 5/1/08 - 4/30/09 (projected) This project will serve a minimum of 165 individuals directly. Mggy more individuals will be indirect beneficiaries of fair housing services, as direct recipients share their newly - gained knowledge by word of mouth wit their colleagues, clients, household members and others 20. What percentage of those served will be City of Oshkosh residents? This is unknown at this time, as the collaborative education services proposed above may include residents from Neenah and Appleton as well as Oshkosh, 21. What percentage of program participants fall into the category of extremely low, low, or moderate income individuals or households (as defined previously in the instructions)? This is unknown at this time, as the diversity of persons in need of fair housing services makes it impossible to predetermine income data MMFHC collects income data from recipients of complaint intake services and logs this information on its Complaint Intake Log MMFHC does not and cannot collect income - related data from other service recipients. 22. Goals/Evaluation: Describe the goals and objectives of the proposed activities in quantifiable terms and the methods that will be used to measure performance in relation to the goals and objectives: The activities proposed herein will have the following outcomes: a) Oshkosh residents who receive fair housing educational services will have increased knowl- edge of fair housing rights and increased ability to seek appropriate resources for fair housing and non -fair housing related issues resulting in increased referrals and complaints Presentations offered to homeseekers and their advocates will empower housing consumers to become better self - advocates, to recognize discriminatory experiences and to seek remedy and/or other resources after experiencing illegal housing discrimination b) Provision of technical assistance and training to housing - providers will result in greater compliance with fair housing laws and fewer incidents of illegal discrimination Technical assistance provided to non - profit housing providers and providers of housing- oriented support services will disseminate information regarding the provisions of fair housing laws including information essential to conducting business in compliance with fair housing laws c) MMFHC's direct - service fair housing enforcement services will provide victims of illegal housing discrimination with increased access to legal _ remedies Services provided to victims will include counseling on their fair housing rights and access to enforcement services includin fair housing testing, which is the most effective evidence-gathering method in fair housing en- forcement. The quality of MMFHC's enforcement services ensures credible and objective evi- dence, thus maximizing the successful resolution of complaints In addition persons with non - fair housing inquiries will receive information regarding fair housing issues and referred to othe community resources. In sum, the number of individuals informed about fair housing issues will increase and the num- ber of incidents of illegal housing discrimination will diminish as a result of MMFHC efforts Moreover, the MMFHC activities proposed here will help Oshkosh meet its mandate as a recipi- ent of CDBG funding to affirmatively further fair housing choice through dismantling impedi- ments to fair housing. MMFHC's programs in the FHCNW service area are continually evaluated by feedback received from clients attorneys volunteers and others as appropriate In addition the im ap ct of MMFHC and FHCNW services is gauged by recording the number of persons requesting and receiving education and outreach services the number of allegations of illegal housing discrimination received, and the number of complaint referrals made to administrative agencies (e.g., the US Department of Housing and Urban Development and the State of Wisconsin Equal Rights Division) and/or attorneys for adjudication and the number of agencies businesses and individuals requesting and receiving technical assistance and professional support services 23. If your agency receives partial or no funding for the proposed project, would you be able to raise the remainder of the funds to operate the program? If MMFHC receives partial or no funding for the proposed activities the level of services provided to the City of Oshkosh would be scaled down proportionate to the level of funding available 24. Do your services /activities leverage the involvement of volunteers? How many and in what capacity (do not include board members attending meetings)? Rigorously trained MMFHC volunteers assist in housing discrimination investigations serve on the FHCNW Advisory_ Committee, and advocate in support of fair housing in various public forums FHCNW maintains a pool of approximately 20 volunteers. In addition MMFHC has a pool of 100 volunteers who reside in other parts of MMFHC`s service areas but have agreed to travel throuy-hout the State of Wisconsin as needed Together with the participation of volunteers MMFHC's collaborative relationships with other organizations create a cost-effective and highl efficient way to extend fair housing services to many populations 25. Are there other agencies that provide similar programs or services for City of Oshkosh residents? How is your program unique? There are no other agencies either public or private that provide the comprehensive fair housing services described herein to the City of Oshkosh 26. How will your organization document LMI eligibility of program participants? MMFHC collects income data from recipients of complaint intake services and logs this information on its Complaint Intake Loa. MMFHC does not and cannot collect income related data from other service recipients. 27. How long do you anticipate needing CDBG fiends? Check one that applies. 28. What is the dollar amount attributed to administrative costs, both entire agency and program? List the items included in the administrative cost figures. Administration Costs Total Agency Continuously ❑ At least 3 years ❑ 2 years or less ❑ On an intermittent basis 28. What is the dollar amount attributed to administrative costs, both entire agency and program? List the items included in the administrative cost figures. Administration Costs Total Agency Administration r Costs Program CDBG Amount $221,141 ( MMFHC) $11,765 (FHCNW) $0 Items included in the administrative cost figures are: Partial salaries and fringe benefits for the President and CEO, Executive Vice President, Fiscal Manager, Accountant, and Adminstrative Service Manager; travel related to the aforementioned positions; Audit; Program Insurance; and Bank and Administrative Fees 7